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R. Srinivasan Vs. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Public(law and Order)Department, Chennai and Others - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

W.P.(MD) No. 21842 of 2016 & W.M.P(MD)No. 15612 of 2016

Judge

Appellant

R. Srinivasan

Respondent

The State of Tamil Nadu, Represented by its Principal Secretary to Government, Public(law and Order)Department, Chennai and Others

Excerpt:


.....the amount towards dcrg has not been paid to the petitioner. either withholding of the charge or not disbursing the terminal benefits to the petitioner is bad in law. 4. the petitioner has submitted that once the punishment order is set aside, he is entitled to all the benefits, as if no charge is pending against him. in view of the order being set aside, even though the learned government advocate has been instructed to file a review on 09.12.20216, as the respondent did not proceed further, the act of the respondent in not releasing the amount towards dcrg to the petitioner is not correct. hence the respondents are directed to release the amount towards dcrg, within one month from the date of receipt of a copy of this order. in case, the respondents fails to release the amount within one month, from the date of receipt of this order, the amount would fetch interest at 12% p.a and interest portion payable to the petitioner can be recovered from the officers concerned. 5. with the above directions, the writ petition is disposed of. consequently, connected miscellaneous petition is closed. no costs.

Judgment:


(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to disburse all the pensionary benefits in full to the Petitioner along with interest at 12% per annum for the gratuity and commutation amount from 1.7.2016 to the date of disbursement within the time limit fixed by this Court.)

1. This writ petition has been filed, seeking for issuance of a writ of writ of Mandamus directing the respondents to disburse all the pensionary benefits in full to the Petitioner along with interest at 12% per annum for the gratuity and commutation amount from 1.7.2016 to the date of disbursement within the time limit fixed by this Court.

2. Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents 1 to 3 and 5 and Mr.P.Gunasekaran, learned counsel takes notice for the fourth respondent. By consent of both parties, the main Writ Petition is taken up for final disposal.

3. It is not in dispute that the punishment order imposed was set aside by this Court and in view of the same, the Petitioner is entitled to all the terminal benefits including DCRG. Unfortunately, the amount towards DCRG has not been paid to the Petitioner. Either withholding of the charge or not disbursing the terminal benefits to the Petitioner is bad in law.

4. The Petitioner has submitted that once the punishment order is set aside, he is entitled to all the benefits, as if no charge is pending against him. In view of the order being set aside, even though the learned Government Advocate has been instructed to file a review on 09.12.20216, as the respondent did not proceed further, the act of the respondent in not releasing the amount towards DCRG to the Petitioner is not correct. Hence the respondents are directed to release the amount towards DCRG, within one month from the date of receipt of a copy of this order. In case, the respondents fails to release the amount within one month, from the date of receipt of this order, the amount would fetch interest at 12% p.a and interest portion payable to the Petitioner can be recovered from the officers concerned.

5. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.




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